i allped my son i-130 on 01/02/2003 when unmarried.now i citizan on07/02/2008 .but my son married on 01/16/2008.can my i apply new i-130 or only informed and cantinews old file.
Optional Information: houston, Texas
The current Visa Bulletin is here:
If you look, he used to be a 1st preference and that has a date of 15MAR02. So even if he was still unmarried, he still would not be able to use the I-130.
Now that he is marred, he falls to 3rd preference. This has a date of 08JUN00. So instead of it taking a few more months had he remained single, now he has to wait another 2 to 3 years.
You do not have to file a new I-130, he can continue to wait on the current one that you filed. When the time comes that he can use it, you will notify Immigration that he married and that the petition must be downgraded and can now be used. So no worries.
hi, you understand my question.when I apply for my son at that time have Green Card and he was unmarried.But today I am citizen and my son got married in 01/16/2006.So should I apply new I-130 or only informed continue old file.
Yup, I understood your question, that's why at the end I said that yes, you should continue the old I-130. My only confusion was in the first part because I said he was 1st preference when he was actually 2A since you were a resident. But the advice is still the same. Continue with the old I-130 because if you apply again now, he will have to wait 8 years instead of 3. So stay with the hold one.
10+ years of experience in various aspects of U.S. Immigration Law.
Please do not forget to click ACCEPT. Thank you.
I ask you last year on 07/04/2008 that time your answer as per below.
Hi You understand my question, when i apply for my son at that time have green card and he was unmarried but today i am citizen and my son got married in 2006 so should i apply new i130 or continue with old file.
Yup, I understand your question, that's why at the end I said that yes, you should continue the old i130. My only confusion in the first part because I said he was 1st preference when he was actually 2A since you were a resident. but the advice is still the same. continue with old i130 because if you apply again now, he will have to wait 8 years instead of 3 so stay with old one.
Now, I am confused because its shows conflict with your today's answer and previous answer given on 07/04/2008
My question is which one is the correct answer?
I apologize, please review my response on your newer thread.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).